This is the next post in my series of articles discussing how relocation requests in Las Vegas, Nevada can be impacted when parents serve in the armed forces. My previous post provided an overview of some of the unique issues that military families may face in the context of transfers and deployment. I also stressed the importance of involving an attorney with experience representing active duty service members to assist with the process. In this segment, I will address the Court’s method of evaluating a request by the custodial parent to relocate as a result of receiving a military transfer order. If you or someone you love needs assistance then call my office today to speak to a lawyer.
In Las Vegas, a parent wishing to relocate out of the state must seek permission from the Clark County Family Court. When one parent has primary custody, the Court will review the request using the “best interests of the child” standard. Typically, the parents’ respective motivations for making or opposing the request will be important factors in the analysis. Other aspects, such as the benefits of the move for the child, how practical visitation and contact with siblings will be, and whether the relocation is voluntary or involuntary will come into play.
When a parent with primary custody serves in the military and receives an involuntary assignment to transfer out of state, the Court will take a slightly different approach. The motivation for the move, i.e., the military assignment, is not a matter that the Court will likely review. This places the focus on the remaining elements in the best interest analysis mentioned above. For example, information comparing the school system in the new location with the current one, comparative crime rates, or available support for special needs may be relevant.
On the other hand, if a parent requests a military transfer and seeks relocation as a result, the motivation for the request will definitely be reviewed by the Court. Suppose, for example, a parent requests a transfer to significantly increase her salary, which would benefit the child. This motive may be viewed differently than if someone requests a cross-country transfer because they dislike the weather in the current area. Every case will be different depending upon the specific facts.
It is important to contact a Las Vegas child relocation lawyer as soon as possible if you serve in the armed forces and receive an assignment to transfer out of state. Because these matters can be contentious, an experienced attorney can help you navigate the process. My practice is devoted to family law and helping families like yours. Contact us today to speak with a lawyer.